NATIONAL CAPITAL CIVIL SERVICE AUTHORITY - POLITY
News: Centre reverses SC order, gives LG final
say on bureaucrats
What is in the news?
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Recently, the Union
government brought an ordinance designating the Lieutenant Governor (LG) as the
administrator of Delhi, with the final say on the postings and transfer of all
bureaucrats serving the Delhi government.
Key takeaways from the news:
National Capital Territory of Delhi Ordinance, 2023:
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The ordinance,
promulgated by President Droupadi Murmu, seeks to amend the Government of
National Capital Territory (NCT) of Delhi Act, 1991.
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It effectively negates
the Supreme Court judgment that gave the Aam Aadmi Party government the power
to make laws and wield control over bureaucracy deputed to the Delhi
government.
National Capital Civil Service Authority:
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The ordinance seeks to
establish the National Capital Civil Service Authority.
Members:
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It will be headed by the Chief Minister of Delhi, with the Chief
Secretary and Principal Home Secretary of Delhi as its other two members.
Role:
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The authority will decide
the transfer, posting and vigilance
matters of all Group A officers and DANICS officers posted in Delhi through
majority votes.
○ All
matters required to be decided by the Authority shall be decided by majority of
votes of the members present and voting.
Lieutenant Governor's Role:
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The ordinance stated that
the L-G will pass orders to give effect to the recommendations passed by the
NCCSA but can ask for the relevant material with regard to officers belonging
to All India Services and DANICS serving the Delhi government.
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In case the Lieutenant
Governor differs with the recommendation made, whether based upon the material
so called for or otherwise, the Lieutenant Governor may, for reasons to be
recorded in writing, return the recommendation to the Authority for
reconsideration by the Authority,
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However, the final
decision will lie with the Lieutenant Governor of Delhi, the ordinance said.
“Provided also that in case of difference of opinion, the decision of the
Lieutenant Governor shall be final.
Supreme Court Verdict:
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In May 2023, in a
unanimous verdict, the Supreme Court had held that the Delhi government had
legislative and executive powers over services except for land, public order
and police.